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CAn they come after me for my Husbands debt


alikeith
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Hi,

I keep getting calls from a collection office. The debt is for my husband. It is in regards to a credit card that was charged off. At one point i was an authorized user on the account but that was to be taken off. An authorized user cannot be held legally responsible for the debt from what i have read.

My question is can they attemp to garnish my wages since i am the spouse. They have been leaving messages for myself or myself and my husband. This as not my debt and i want to contact them about it but i want to have my facts in order beofre i do so.

Any help woud be great.

Thanks!

Alison

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"Charge off and assigned" doesn't answer the who owns it question.

Charge off is just an accounting term that means "charge against accrued income for tax purposes". Doesn't mean squat to the debtor. OC's and CA's like to throw the "...you better take care of this before charge off..." line at you as though it meant something special. It doesn't.

"Assigned" usually means "...this collection agency (CA) has been contracted to hassle you". Nothing more.

So, unless the original creditor's (OC) tradline on your husband's credit report actually says "sold to another lender" and the balance is $0, the OC still owns it.

Therefore, if these people who are calling is just a CA and they're threatening you with garnisheement...they've probably violated the FDCPA (see the link at the top). That isn't going to happen without them suing (which a CA can't do), getting a judgment, and then contacting your employer.

However, in a community property state, (probably) both you and your husband are responsible for the debt. There's no, his and mine. They're "ours". So, you guys are going to have to find a way to deal with this. Is there just ehe one debt?

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I am not sure if it is just assigned to a collection company. It has only been a few months since it was charged off. When i had called the cCC company about it, they had said it had been sent to an outside agency and i would have to deal with them.

They have not been threatening garnishment. I was just curious if it came to that point if they could since was not the actual person who held the debt.

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Well, a few months after CO probably means that its like 3 to 6 months behind in payments. So, its probably still owned by the OC. The "you'll have to deal with the CA" line depends on whether the OC has an internal collection department or if they outsource all their heavy lifting to someone else. Doesn't mean they won't take your money if you offer to pay them in full...

Anyway...back to the orginal question. Can they garnish you wages? Yes, the OC can...but...there's a lot that would happen before that. First, they'd have to sue...and win. Then, they'd probably seize your joint bank account. If there wasn't enough money there, then maybe they'd go for the garnishee...but they'd probably go after the party who's name is on the account first.

At this point, they're calling for either or both of you because they're trying to put pressure on you to get this paid. The account is only in your husband's name (even though ultimately you both may be responsible for it), but they figure you'll nag him into doing something about it. CAs do not play nice...they'll use any tactic they can think of to make someone (they don't care who) cough up money.

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I just went through something like that myself. They would sue her as well. From my experience as well, they would attach the garnishment to the person's employer who has the better job. In other words if one of you was a programmer and the other a WalMar greeter, they would attach to the payroll for the programmer. It's not fair but they seem to get away with it anyways. I got nailed for a bill that wasn't mine at all and through marriage, by default, it became my bill too. :(

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I can only speak from my experience, it became yours when you married him.

Not true. Please back your statement up with factual proof. I don't live in a community property state, but I would find it hard to believe that debt incurred prior to a marriage becomes the new spouses problems. It does not invlve them at all.

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Not true. Please back your statement up with factual proof. I don't live in a community property state, but I would find it hard to believe that debt incurred prior to a marriage becomes the new spouses problems. It does not invlve them at all.
Certainly not a yes or no type situation. Depends on the type of debt and the state you live in. It is possible, even in a community property state, for only one spouse's name to be on a mortgage or a deed...which does somewhat protect the other from liability for the debt. There are also "pre-nups" that would do this.

The problem is with "unsecured" debt...like credit cards. Even though a state's community property law may indeed say that debts you bring to a marriage remain yours...CAs certainly aren't going to be stopped in harrasing your spouse. CAs, JDBs, and even some OCs beleive its better to go for the judgment or garnishment first and then sort out what's legal later. Like the SOL defense, "he had it when I married him" only holds up if you show up in court and the judge beleives you. If the other side's lawyer goes with "sewer service" and "default judgements", it winds up being your debt too.

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